Jordan v. . Volkenning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified a judgment in favor of plaintiffs’ intestate entered upon a verdict. This action was originally brought by Cornelius Poillon and Alexander C. Poillon upon an undertaking alleged to have been executed by defendants, given upon the granting of a preliminary injunction in an action by one Joseph W. Bray against said plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified a judgment in favor of plaintiffs’ intestate entered upon a verdict. This action was originally brought by Cornelius Poillon and Alexander C. Poillon upon an undertaking alleged to have been executed by defendants, given upon the granting of a preliminary injunction in an action by one Joseph W. Bray against said plaintiffs. The original plaintiffs having died during the pendency of the action, their personal representatives, the present plaintiffs, were…
1Opinion of the CourtRapallo, J.
The issue relating to the execution and delivery of the undertaking upon which this action is brought was properly submitted to the jury. There was prima facie proof of its due execution, and the evidence on the part of the defense tending to impeach it, although strong, proceeded from interested witnesses, and was not conclusive. The verdict cannot, therefore, be reviewed here.
Upon the authority of the Methodist Church v. Barker (18 N. Y., 463), we must hold that the report of the referee assessing the damages, having been duly confirmed, was conclusive upon the appellant, notwithstanding…
2Cases cited1 opinion
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
3Cited by10 opinions
- Wood v. WoodSupreme Court of Iowa · 1907
- McCarthy v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1964
- Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Wisconsin Marine & Fire Insurance Co. Bank v. DurnerWisconsin Supreme Court · 1902
- McBride v. CowanSupreme Court of Oklahoma · 1923
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